1

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE AND THE

GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

Date of Conclusion: 11 February 1969

Entry into Force: 4 June 1969

Effective Date: 1 July 1969 (Australia); 1 January 1969 (Singapore)

NOTE

The second protocol signed on 8 September 2009 entered into force on 22 December 2010 and its provisions shall take effect from 22 December 2010.

The text of the second protocol signed on 8 September 2009 is shown in Annex A.

NOTE

A Protocol signed on 16 October 1989 entered into force on 5 January 1990. It is effective as of 1 July 1987 (Australia) and 1 January 1987 (Singapore) unless otherwise indicated.

The Protocol signed on 16 October 1989 is incorporated into the main text of the treaty. New articles introduced by the Protocol are marked with a hex (#) and those amended

articles are marked with an asterisk (*).

The original text of those articles amended by the Protocol signed on 16 October 1989

is shown in Annex B.

The Government of the Republic of Singapore and the Government of the Commonwealth of Australia,

Desiring to conclude an Agreement for the avoidance of double taxation and the

prevention of fiscal evasion with respect to taxes on income,

Have agreed as follows -

2

ARTICLE 1A #

This Agreement shall apply to persons who are residents of one or both of the

Contracting States.

ARTICLE 1

1. The existing taxes to which this Agreement applies are -

(a)* in Australia:

the income tax, and the petroleum resource rent tax in respect of offshore projects, imposed under the federal law of the Commonwealth of Australia;

(b) in Singapore:

the income tax.

2. The Agreement applies also to any identical or substantially similar taxes which are imposed subsequent to the date of signature of this Agreement by Singapore or the Commonwealth in addition to, or in place of, the existing taxes to which this Agreement applies.

ARTICLE 2

1. In this Agreement, unless the context otherwise requires -

(a) the term "the Commonwealth" means the Commonwealth of Australia;

(b) the term "Australia" means the whole of the Commonwealth and includes -

(i) the Territory of Norfolk Island;

(ii) the Territory of Christmas Island;

(iii) the Territory of Cocos (Keeling) Islands;

(iv) the Territory of Ashmore and Cartier Islands;

(v) any territory which, subsequent to the date of signature of this

Agreement, becomes a Territory of the Commonwealth; and

(vi) any area outside the territorial limits of the Commonwealth and the

said Territories in respect of which there is for the time being in force a law of the Commonwealth or of a State or part of the Commonwealth or of a Territory aforesaid dealing with the exploitation of any of the natural resources of the sea-bed and sub-soil of the continental shelf;

(c) the term "Singapore" means the Republic of Singapore;

(d) the terms "Contracting State", "one of the Contracting States", and "other

Contracting State" mean Australia or Singapore, as the context requires;

(e) the terms "Australia tax" and "Singapore tax" mean tax imposed by the

Commonwealth and tax imposed by Singapore respectively, being tax to

3

which this Agreement applies by virtue of Article 1;

(f) the term "company" includes any body or association which is treated as a

company for tax purposes;

(g) the term "competent authority" means, in the case of Australia, the

Commissioner of Taxation or his authorised representative and in the case of Singapore, the Minister for Finance or his authorised representative;

(h) the term "enterprise" includes undertaking;

(i) the term "Malaysian company" means a company which, for purposes of

income tax in Malaysia, is resident in Malaysia;

(j) the term "person" includes an individual, a company and any body of persons, corporate or not corporate;

(k) the term "profits of a Singapore enterprise" and "profits of an Australian

enterprise" mean profits of a Singapore enterprise or profits of an Australian enterprise respectively, but do not include -

(i) dividends, interest (as defined in Article 9), or royalties (including

those payments which come within the meaning of "royalties" for the purposes of Article 10) other than such dividends, interest or royalties that are effectively connected with a trade or business carried on through a permanent establishment in one of the Contracting States by an enterprise of the other Contracting State;

(ii) rent;

(iii) remuneration or other income for personal (including professional)

services;

(iv) profits from the operation of ships or aircraft;

(v) payments to the extent to which they are received as consideration for

the use of, or the right to use, motion picture films, literary, dramatic, musical or artistic copyrights, films or video tapes for use in connection with television or tapes for use in connection with radio broadcasting; or

(vi) payments to the extent to which they are received as consideration for

the supply of scientific, technical, industrial or commercial knowledge, information or assistance (other than those payments which come within the meaning of "royalties" for the purposes of Article 10);

(l) the term "resident in Singapore" has the meaning which it has under the laws

of Singapore relating to Singapore tax; and the term "resident of Australia" has the meaning which it has under the laws of the Commonwealth relating to Australian tax;

(m) the term "tax" means Australian tax or Singapore tax, as the context requires; (n) words in the singular include the plural and words in the plural include the

singular.

4

2. The term "Australian tax" and "Singapore tax" do not include any amount which represents a penalty or interest imposed under the law in force in Australia or Singapore relating to the taxes to which this Agreement applies.

3. Where under this Agreement income is relieved from tax in one of the Contracting States and, under the law in force in the other Contracting State, a person, in respect of the said income, is subject to tax by reference to the amount thereof which is remitted to or received in that other Contracting State and not by reference to the full amount thereof, then the relief to be allowed under this Agreement in the first mentioned Contracting State shall apply only to so much of the income as is remitted to or received in the other Contracting State.

4.* Unless the context otherwise requires, any term of this Agreement not otherwise defined shall have, in a Contracting State, the meaning which it has under the laws in that Contracting State from time to time in force relating to the taxes to which this Agreement applies.

ARTICLE 3

1. For the purposes of this Agreement -

(a) the term "Australian company" means any company which being a resident of

Australia -

(i) is incorporated in Australia and has its centre of administrative or

practical management in Australia whether or not any person outside Australia exercises or is capable of exercising any overriding control or direction of the company or of its policy or affairs in any way whatsoever; or

(ii) is managed and controlled in Australia;

(b) the term "Singapore company" means any company which is managed and

controlled in Singapore and which is not an Australian company;

(c) the term "Singapore resident" means any Singapore company and any

person (other than a company) who is resident in Singapore; and

(d) the term "Australian resident" means any Australian company and any other

person (other than a Singapore company) who is a resident of Australia.

2. Where by reason of the provisions of paragraph 1 of this Article an individual is both a Singapore resident and an Australian resident -

(a) he shall be treated solely as a Singapore resident -

(i) if he has a permanent home available to him in Singapore and has not

a permanent home available to him in Australia;

(ii) if sub-paragraph (a)(i) of this paragraph is not applicable but he has

an habitual abode in Singapore and has not an habitual abode in Australia;

(iii) if neither sub-paragraph (a)(i) nor sub-paragraph (a)(ii) of this

5

paragraph is applicable but the Contracting State with which his personal and economic relations are closest is Singapore;

(b) he shall be treated solely as an Australian resident -

(i) if he has a permanent home available to him in Australia and has not

a permanent home available to him in Singapore;

(ii) if sub-paragraph (b)(i) of this paragraph is not applicable but he has

an habitual abode in Australia and has not an habitual abode in Singapore;

(iii) if neither sub-paragraph (b)(i) nor sub-paragraph (b)(ii) of this paragraph is applicable but the Contracting State with which his personal and economic relations are closest is Australia.

3. Where by reason of the provisions of paragraph 1 of this Article a person other than an individual is both a Singapore resident and an Australian resident -

(a) it shall be treated solely as a Singapore resident if it is managed and

controlled in Singapore;

(b) it shall be treated solely as an Australian resident if it is managed and

controlled in Australia.

4. In this Agreement the term "resident of one of the Contracting States" and the term "resident of the other Contracting State" mean a person who is a Singapore resident or a person who is an Australian resident as the context requires.

5. In this Agreement, the term "Singapore enterprise" and the term "Australian enterprise" mean an industrial or commercial enterprise (including a mining, agricultural, pastoral, forestry or plantation enterprise) carried on by a Singapore resident or by an Australian resident respectively, and the term "enterprise of one of the Contracting States" and the term "enterprise of the other Contracting State" mean an Australian enterprise or a Singapore enterprise, as the context requires.

ARTICLE 4*

1. For the purposes of this Agreement, the term "permanent establishment", in relation to an enterprise, means a fixed place of business through which the business of the enterprise is wholly or partly carried on.

2. The term "permanent establishment" includes but is not limited to -

(a) a place of management;

(b) a branch; (c) an office;

(d) a store or other sales outlet; (e) a factory;

(f) a workshop;

(g) a warehouse except where it is used solely for any of the purposes mentioned

in paragraph 4;

6

(h) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources; and

(i) a building site, or a construction, installation or assembly project, but only

where such site or project or any combination of them continues for a period aggregating more than 6 months within any 12-month period.

3. An enterprise of a Contracting State shall be deemed to have a permanent establishment and to carry on trade or business through that permanent establishment in the other Contracting State, if -

(a) it carries on supervisory activities in that other State for a period or periods

aggregating more than 6 months within any 12-month period in connection with a building site, or a construction, installation or assembly project or any combination of them which is being undertaken in that other State; or

(b) substantial equipment is being used in that other State by, for or under

contract with the enterprise.

4. An enterprise shall not be deemed to have a permanent establishment merely by reason of -

(a) the use of facilities solely for the purpose of storage or display of goods or

merchandise belonging to the enterprise;

(b) the maintenance of a stock of goods or merchandise belonging to the

enterprise solely for the purpose of storage or display;

(c) the maintenance of a stock of goods or merchandise belonging to the

enterprise solely for the purpose of processing by another enterprise;

(d) the maintenance of a fixed place of business solely for the purpose of

purchasing goods or merchandise or of collecting information, for the enterprise;

(e) the maintenance of a fixed place of business solely for the purpose of

activities which have a preparatory or auxiliary character for the enterprise, such as advertising, the supply of information or scientific research.

5. A person acting in one of the Contracting States on behalf of an enterprise of the other Contracting State, other than an agent of an independent status to whom paragraph 6 applies, shall be deemed to be a permanent establishment of the enterprise in the first- mentioned Contracting State if -

(a) the person has, and habitually exercises in the first-mentioned Contracting

State, an authority to conclude contracts for or on behalf of the enterprise unless the exercise of such authority is limited to the purchase of goods or merchandise for that enterprise; or

(b) there is maintained in the first-mentioned Contracting State a stock of goods

or merchandise belonging to the enterprise from which he or she regularly fills orders on behalf of the enterprise; or

(c) the person habitually secures orders in the first-mentioned Contracting State

7

wholly or principally for the enterprise itself or for any other enterprise which is controlled by it or has a controlling interest in it; or

(d) in so acting the person manufactures or processes in that State for the

enterprise goods or merchandise belonging to the enterprise.

6. An enterprise of one of the Contracting States shall not be deemed to have a permanent establishment in the other Contracting State merely because that enterprise carries on business in that other State through a broker, general commission agent, or any other agent of an independent status, where such broker or agent is acting in the ordinary course of that person's business.

7. The fact that a company which is a resident of one of the Contracting States controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.

ARTICLE 4A #

1. Income from real property may be taxed in the Contracting State in which the real property is situated.

2. In this Article, the term "real property", in relation to one of the Contracting States, has the meaning which it has under the laws of that State and also includes -

(a) a lease of land and any other interest in or over land whether improved or not,

including a right to explore for or exploit mineral, oil or gas deposits or other natural resources; and

(b) a right to receive variable or fixed payments either as consideration for the

exploitation of or the right to explore for or exploit, or in respect of the exploitation of, mineral, oil or gas deposits, quarries or other places of extraction or exploitation of natural resources.

3. Any interest or right referred to in paragraph 2 shall be regarded as situated where the land, mineral, oil or gas deposits, quarries or natural resources, as the case may be, are situated or where the exploration may take place.

4. The provisions of paragraphs 1 and 3 shall also apply to income from real property of an enterprise and to income from real property used for the performance of professional services.

ARTICLE 5*

1. The profits of an enterprise of one of the Contracting States shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment.

2. Subject to the provisions of paragraph 3, where an enterprise of one of the Contracting States carries on business in the other Contracting State through a permanent

8

establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment or with other enterprises with which it deals.

3. In the determination of the profits of a permanent establishment, there shall be allowed as deductions expenses of the enterprise, being expenses which are incurred for the purposes of the permanent establishment and which would be deductible if the permanent establishment were an independent entity which paid those expenses, whether incurred in the Contracting State in which the permanent establishment is situated or elsewhere.

4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise.

5. Nothing in this Article shall affect the application of any law of a Contracting State relating to the determination of the tax liability of a person in cases where the information available to the competent authority of that State is inadequate to determine the profits to be attributed to a permanent establishment, provided that that law shall be applied, so far as the information available to the competent authority permits, consistently with the principles of this Article.

6. Where profits include items of income which are dealt with separately in other Articles of this Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article.

7. Nothing in this Article shall affect the operation of any law of a Contracting State relating to tax imposed on profits from insurance with non-residents, provided that if the relevant law in force in either Contracting State at the date of signature of this Agreement is varied (otherwise than in minor respects so as not to affect its general character) the Contracting States shall consult with each other with a view to agreeing to any amendment of this paragraph that may be appropriate.

8. Where -

(a) a resident of one of the Contracting States is beneficially entitled, whether

directly or through one or more interposed trust estates, to a share of the business profits of an enterprise carried on in the other Contracting State by the trustee of a trust estate other than a trust estate which is treated as a company for tax purposes; and

(b) in relation to that enterprise, that trustee would, in accordance with the

principles of Article 4, have a permanent establishment in that other State,

the enterprise carried on by the trustee shall be deemed to be a business carried on in the other State by that resident through a permanent establishment situated therein and that share of business profits shall be attributed to that permanent establishment.

ARTICLE 6*

1. Where -

(a) an enterprise of one of the Contracting States participates directly or indirectly

in the management, control or capital of an enterprise of the other Contracting

9

State; or

(b) the same person participates directly or indirectly in the management, control

or capital of an enterprise of one of the Contracting States and an enterprise of the other Contracting State,

and in either case conditions operate between the two enterprises in their commercial or financial relations which differ from those which might be expected to operate between independent enterprises dealing wholly independently with one another, then any profits which, but for those conditions, might have been expected to accrue to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

2. Nothing in this Article shall affect the application of any law of a Contracting State relating to the determination of the tax liability of a person, including determinations in cases where the information available to the competent authority of that State is inadequate to determine the income to be attributed to an enterprise, provided that that law shall be applied, so far as it is practicable to do so, consistently with the principles of this Article.

3. Where profits on which an enterprise of one of the Contracting States has been charged to tax in that State are also included, by virtue of paragraph 1 or 2, in the profits of an enterprise of the other Contracting State and charged to tax in that other State, and the profits so included are profits which might have been expected to have accrued to that enterprise of the other State if the conditions operative between the enterprises had been those which might have been expected to have operated between independent enterprises dealing wholly independently with one another, then the first-mentioned State shall make an appropriate adjustment to the amount of tax charged on those profits in the first-mentioned State. In determining such an adjustment, due regard shall be had to the other provisions of this Agreement and for this purpose the competent authorities of the Contracting States shall if necessary consult each other.

ARTICLE 7*

[Article 7 is effective as of 1 July 1983 (Australia) and 1 January 1983 (Singapore)]

1. Profits from the operation of ships or aircraft derived by a resident of one of the Contracting States shall be taxable only in that State.

2. Notwithstanding the provisions of paragraph 1, such profits may be taxed in the other Contracting State where they are profits from operations of ships or aircraft confined solely to places in that other State.

3. The provisions of paragraphs 1 and 2 shall apply in relation to the share of the profits from the operation of ships or aircraft derived by a resident of one of the Contracting States through participation in a pool service, in a joint transport operating organization or in an international operating agency.

4. Interest earned on funds held in one of the Contracting States by a resident of the other Contracting State in connection with the operation of ships or aircraft, other than operations confined solely to places in the first-mentioned State, shall be treated as profits from the operation of ships or aircraft.

5. For the purposes of this Article, profits derived from the carriage by ships or aircraft of passengers, livestock, mail, goods or merchandise shipped in one of the Contracting States for discharge at another place in that Contracting State, or at one or more structures

10

used in connection with the exploration for or exploitation of natural resources situated in waters adjacent to the territorial waters of that Contracting State, shall be treated as profits from operations of ships or aircraft confined solely to places in that State.

ARTICLE 8

1. The Australian tax on dividends, being dividends paid by a company which is a resident of Australia, derived by a Singapore resident who is beneficially entitled to the dividends, shall not exceed 15 per centum of the gross amount of the dividends.

2. Subject to the provisions of this Article dividends paid by a company which is resident in Singapore, and dividends paid by a Malaysian company out of profits derived from sources in Singapore, being dividends derived by an Australian resident who is beneficially entitled to the dividends, shall be exempt from any tax in Singapore which may be chargeable on dividends in addition to the tax chargeable in respect of the profits of the company.

3. Nothing in the preceding paragraph shall affect the provisions of Singapore law under which the tax in respect of a dividend paid by a company which is resident in Singapore, or by a Malaysian company out of profits derived from sources in Singapore, from which Singapore tax has been, or has been deemed to be, deducted may be adjusted by reference to the rate of tax appropriate to the Singapore year of assessment immediately following that in which the dividend was paid.

4. If Singapore, subsequent to the signing of this Agreement, imposes a tax on dividends paid by a company which is resident in Singapore or by a Malaysian company out of profits derived from sources in Singapore, which is in addition to the tax chargeable in respect of the profits of the company, such tax may be charged but the tax so charged on such dividends derived by an Australian resident who is beneficially entitled to the dividends shall not exceed 15 per centum of the gross amount of the dividends.

5.* Paragraphs 1, 2 and 4 of this Article shall not apply if the resident of one of the Contracting States who is beneficially entitled to the dividends has in the other Contracting State a permanent establishment and the holding giving rise to the dividends is effectively connected with a trade or business carried on through that permanent establishment. In any such case, the provisions of Article 5 shall apply.

6. Dividends paid by a company which is a resident of one of the Contracting States, being dividends derived by a person who is beneficially entitled to the dividends and who is not a resident of the other Contracting State, shall be exempt from tax in that other Contracting State. This paragraph shall not apply in relation to a Singapore company which is also a resident of Australia or any Australian company which is also resident in Singapore.

ARTICLE 9

1. The Australian tax on interest derived by a Singapore resident who is beneficially entitled to the interest shall not exceed 10 per centum of the gross amount of the interest.

2. The Singapore tax on interest derived by an Australian resident who is beneficially entitled to the interest shall not exceed 10 per centum of the gross amount of the interest.

3.* Paragraphs 1 and 2 of this Article shall not apply if the resident of one of the Contracting States who is beneficially entitled to the interest has in the other Contracting

11

State a permanent establishment and the indebtedness giving rise to the interest is effectively connected with a trade or business carried on through that permanent establishment. In any such case, the provisions of Article 5 shall apply.

4. Where, owing to a special relationship between the payer and the person beneficially entitled to the interest or between both of them and some other person, the amount of the interest paid exceeds the amount which might have been expected to have been agreed upon in the absence of such relationship, the provisions of this Article shall apply only in the last-mentioned amount.

5.* In this Article the term "interest" means interest, and amounts in the nature of interest, on bonds, securities, debentures or on any other form of indebtedness. The term does not include income to which paragraph 4 of Article 7 applies. [This paragraph is effective as of 1 July 1983 (Australia) and 1 January 1983 (Singapore)]

ARTICLE 10

1. The Australian tax on royalties derived by a Singapore resident who is beneficially entitled to the royalties shall not exceed 10 per centum of the gross amount of the royalties.

2. The Singapore tax on royalties derived by an Australian resident who is beneficially entitled to the royalties shall not exceed 10 per centum of the gross amount of the royalties.

3.* In this Article "royalties" means payments or credits, whether periodical or not, and however described or computed, to the extent to which they are received as consideration for -

(a) The use of, or the right to use, any -

(i) copyright (other than a literary, dramatic, musical or artistic copyright),

patent, design or model, plan, secret formula or process, trademark, or other like property or right; or

(ii) industrial, commercial or scientific equipment;

(b) the supply of scientific, industrial or commercial knowledge or information; or

(c) total or partial forbearance in respect of the use or supply of any property or

right referred to in this paragraph,

but does not include royalties or other payments in respect of the operation of mines or quarries or of the exploitation of natural resources or payments to the extent to which they are received as consideration for the use of, or the right to use, motion picture films, tapes for use in connection with radio broadcasting or films or video tapes for use in connection with television.

4.* Paragraphs 1 and 2 of this Article shall not apply if the resident of one of the Contracting States who is beneficially entitled to the royalties has in the other Contracting State a permanent establishment and the information, right or property giving rise to the royalties is effectively connected with a trade or business carried on through that permanent establishment. In any such case, the provisions of Article 5 shall apply.

5. Where, owing to a special relationship between the payer and the person who is

12

beneficially entitled to the royalties or between both of them and some other person, the amount of the royalties paid exceeds the amount which might have been expected to have been agreed upon in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount.

ARTICLE 10A #

1. Income or gains derived by a resident of one of the Contracting States from the alienation of real property referred to in Article 4A and, as provided in that Article, situated in the other Contracting State may be taxed in that other State.

2. Income or gains from the alienation of property, other than real property referred to in Article 4A, that forms part of the business property of a permanent establishment which an enterprise of one of the Contracting States has in the other Contracting State or pertains to a fixed base available to a resident of the first-mentioned State in that other State for the purpose of performing independent personal services, including income or gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base, may be taxed in that other State.

3. Income or gains from the alienation of ships or aircraft operated in international traffic, or of property (other than real property referred to in Article 4A) pertaining to the operation of those ships or aircraft, shall be taxable only in the Contracting State of which the enterprise which operated those ships or aircraft is a resident.

4. Income or gains derived by a resident of one of the Contracting States from the alienation of shares or comparable interests in a company, the assets of which consist wholly or principally of real property in the other Contracting State of a kind referred to in Article 4A and, as provided in that Article, situated in that other State, may be taxed in that other State.

5. Nothing in this Agreement affects the application of a law of a Contracting State relating to the taxation of gains of a capital nature derived from the alienation of property other than that to which any of paragraphs 1, 2, 3 and 4 apply.

ARTICLE 11

1. Subject to this Article and to Articles 12, 13 and 14, remuneration or other income derived by an individual who is a resident of one of the Contracting States in respect of personal (including professional) services shall be subject to tax only in that Contracting State unless the services are performed or exercised in the other Contracting State. If the services are so performed or exercised such remuneration or other income as is derived therefrom shall be deemed to have a source in, and may be taxed in, that other Contracting State.

2. In relation to remuneration of a director of a company derived from the company, the provisions of this Article and of Article 12 shall apply as if the remuneration were remuneration in respect of personal services. Director’s fees and similar payments derived by a resident of one of the Contracting States in his capacity as a member of the board of directors of a company which is a resident of the other Contracting State shall be deemed to be derived in respect of personal services performed in, and may be taxed in, that other Contracting State.

3. An individual who is a resident of one of the Contracting States shall be exempt from

13

tax in the other Contracting State on remuneration from an employment exercised on ships or aircraft in international traffic.

ARTICLE 12

1. Remuneration or other income derived by an individual who is a resident of one of the Contracting States in respect of personal (including professional) services performed or exercised in the other Contracting State shall be exempt from tax in the other Contracting State if -

(a) the recipient is present in the other Contracting State for a period or periods

not exceeding in the aggregate 183 days in the year of income or in the basis period for the year of assessment as the case may be of that other Contracting State;

(b) the services are performed or exercised for or on behalf of a person who is a

resident of the first-mentioned Contracting State; and

(c) the remuneration or other income is not deductible in determining the profits

for tax purposes in the other Contracting State of a permanent establishment in that other Contracting State of that person.

2. Paragraph 1 of this Article shall not apply to remuneration or other income derived by public entertainers (such as stage, motion picture, radio or television artistes, musicians and athletes) from their personal activities as such.

3. Notwithstanding anything contained in this Agreement, where an enterprise of one of the Contracting States derives profits arising from, or in relation to, contracts or obligations to provide in the other Contracting State services of public entertainers referred to in paragraph 2 of this Article, the profits may be taxed in the other Contracting State and shall be deemed to have a source in that other Contracting State, except where the enterprise is, in connection with the provision of those services, substantially supported from the public funds of a Government of the first-mentioned Contracting State, in which case the profits shall be exempt from tax in the other Contracting State.

4. For the purposes of paragraph 3 of this Article "a Government of the first-mentioned Contracting State" means, in the case of Singapore, the Government of Singapore and, in the case of Australia, the Government of the Commonwealth or of any State of the Commonwealth.

ARTICLE 13

1. A pension or an annuity, derived from sources within one of the Contracting States by an individual who is a resident of the other Contracting State, shall be exempt from tax in the first-mentioned Contracting State.

2. The term "annuity" means a stated sum payable periodically at stated times, during life or during a specified or ascertainable period of time, under an obligation to make the payments in return for adequate and full consideration in money or money's worth.

3. This Article shall not apply to a pension paid to an individual by the Government of the Commonwealth or of any State of the Commonwealth or the Government of Singapore in respect of services rendered in the discharge of governmental functions.

14

ARTICLE 14

1. Remuneration (other than pensions) paid by the Government of the Commonwealth or of any State of the Commonwealth to any individual for services rendered to that Government in the discharge of governmental functions shall be exempt from Singapore tax, except where the individual is resident in Singapore and is not an Australian citizen.

2. Remuneration (other than pensions) paid by the Government of Singapore to any individual for services rendered to that Government in the discharge of governmental functions shall be exempt from Australian tax, except where the individual is a resident of Australia and is not a Singapore citizen.

3. This Article shall not apply to any remuneration in respect of services rendered in connection with any trade or business carried on by a Government for purposes of profit.

ARTICLE 15

A student or trainee who is, or was immediately before visiting one of the Contracting

States, a resident of the other Contracting State and is present in the first-mentioned Contracting State solely for the purpose of his education or training shall not be taxed in that first-mentioned Contracting State on payments which he receives for the purpose of his maintenance, education or training provided that such payments are made to him from outside that first-mentioned Contracting State.

ARTICLE 16

1. This Article shall apply to a person who is a resident of Australia and is also resident in Singapore.

2. Where such a person is treated for the purposes of this Agreement solely as a resident of one of the Contracting States he shall be exempt in the other Contracting State from tax on any income in respect of which he is subject to tax in the first-mentioned Contracting State if the income is derived -

(a) from sources in the first-mentioned Contracting State; or

(b) from sources outside both Contracting States.

ARTICLE 16A #

Items of income which are not expressly mentioned in the foregoing Articles of this

Agreement shall be taxable according to the laws of the respective Contracting States relating to tax.

ARTICLE 17*

Profits, income or gains derived by a resident of one of the Contracting States which,

under any one or more of Article 4A, Article 5, Articles 7 to 14 and Article 16A, may be taxed in the other Contracting State shall for the purposes of Article 18 and of the laws of the

15

respective Contracting States relating to tax be deemed to be income from sources in that other State.

ARTICLE 18*

1. Subject to the provisions of the law of Australia from time to time in force which relate to the allowance of a credit against Australian tax of tax paid in a country outside Australia (which shall not affect the general principle hereof), Singapore tax paid under the law of Singapore and in accordance with this Agreement, whether directly or by deduction, in respect of income derived by a person who is a resident of Australia from sources in Singapore shall be allowed as a credit against Australian tax payable in respect of that income.

2. Where a company which is a resident of Singapore pays a dividend to a company which is a resident of Australia and which controls directly or indirectly not less than 10 per cent of the voting power of the first-mentioned company, the credit referred to in paragraph 1 shall include the Singapore tax paid by that first-mentioned company in respect of that portion of its profits out of which the dividend is paid. (Only in respect of dividend paid before 12 March 1988)

3. For the purposes of paragraphs 1 and 2, "Singapore tax paid" shall be deemed to include an amount equivalent to the amount of Singapore tax which, under the law of Singapore relating to Singapore tax and in accordance with this Agreement, would have been payable but for an exemption from or reduction of Singapore tax granted under -

(a) Section 13(2) of the Income Tax Act 1985 of Singapore;

(b) Parts II, IIIA, IV, VI, VII, VIII, IX, X or XI of the Economic Expansion Incentives

(Relief from Income Tax) Act 1988 of Singapore; and

(c) Parts III, V, VIA or XII of the Economic Expansion Incentives (Relief from

Income Tax) Act 1988 of Singapore except where the exemption or reduction is granted in respect of income attributable to the provision of financial (including insurance) services provided directly or indirectly to a person who is a resident of Australia,

insofar as those provisions were in force on, and have not been modified since, the date of signature of the Protocol which first amended the Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed in Canberra on 11 February 1969, or have been modified only in minor respects so as not to affect their general character or any other provisions which may subsequently be made granting an exemption from or reduction of tax which the Treasurer of Australia and the Minister for Finance of Singapore, or their authorized representatives, agree from time to time in letters exchanged for this purpose to be of a substantially similar character, if that provision has not been modified thereafter or has been modified only in minor respects so as not to affect its general character.

4. The provisions of paragraph 3 shall apply only in relation to income derived in any of the 10 years of income beginning with the year of income that commenced on 1 July 1987 and in any later year of income that may be agreed in an exchange of letters for this purpose by the Treasurer of Australia and the Minister for Finance of Singapore, or their authorised representatives.

16

5. Subject to the provisions of the laws of Singapore regarding the allowance as a credit against Singapore tax of tax payable in any country other than Singapore, Australian tax payable, whether directly or by deduction, in respect of income from sources within Australia shall be allowed as a credit against Singapore tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Australia to a company which is a resident of Singapore and which owns directly or indirectly not less than 10 per cent of the voting power of the first-mentioned company, the credit shall take into account the Australian tax paid by the first-mentioned company in respect of that portion of its profits out of which the dividend is paid.

ARTICLE 19

1. The competent authorities shall exchange such information (being information which is at their disposal under their respective taxation laws in the normal course of administration) as is necessary for carrying out the provisions of this Agreement or for the prevention of fraud or for the administration of statutory provisions against legal avoidance in relation to the taxes which are the subject of this Agreement.

2. Any information so exchanged shall be treated as secret but may be disclosed to persons (including a court or tribunal) concerned with the assessment, collection, enforcement or prosecution in respect of the taxes which are the subject of this Agreement.

3. No information as aforesaid shall be exchanged which would disclose any trade, business, industrial or professional secret or trade process.

ARTICLE 20

1. Where a taxpayer considers that the action of the competent authority in one of the Contracting States has resulted, or is likely to result, in double taxation contrary to the provisions of this Agreement, he shall be entitled to present the facts to the competent authority in the Contracting State of which he is a resident and, should the taxpayer's claim be deemed worthy of consideration, the competent authority in that Contracting State shall endeavour to come to an agreement with the competent authority in the other Contracting State with a view to the avoidance of the double taxation in question.

2.* The competent authority in a Contracting State may communicate directly with the competent authority in the other Contracting State for the purposes of giving effect to the provisions of this Agreement and in an endeavour to assure its consistent interpretation and application. In particular, the competent authorities may consult together to endeavour to resolve disputes arising out of the application of paragraph 2 of Article 5 or Article 6.

ARTICLE 21

This Agreement shall come into force on the date on which the last of all such things

shall have been done in Australia and Singapore as are necessary to give the Agreement the force of law in Australia and Singapore so far as its provisions affect Australian tax and Singapore tax respectively and shall thereupon have effect -

(a) in Australia -

(i) in respect of withholding tax on income that is derived by a non-

resident, in respect of income derived on or after 1st July, 1969;

17

(ii) in respect of other Australian tax, for any year of income beginning on

or after 1st July, 1969;

(b) in Singapore -

for any year of assessment on or after 1st January 1970.

ARTICLE 22

This Agreement shall continue in effect indefinitely, but either Contracting State may,

on or before 30th June in any calendar year give to the other Contracting State notice of termination and, in that event, this Agreement shall cease to be effective -

(a) in Australia -

(i) in respect of withholding tax on income that is derived by a non-

resident, in respect of income derived on or after the commencement of the financial year beginning on 1st July in the calendar year next following that in which the notice is given;

(ii) in respect of other Australian tax, for any year of income beginning on

or after 1st July in the calendar year next following that in which the notice is given;

(b) in Singapore -

for any year of assessment beginning on or after 1st January in the second calendar year next following that in which the notice is given.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement.

DONE in duplicate at Canberra this eleventh day of February of the year one thousand nine hundred and sixty-nine in the English Language.

For the Government of the Republic of Singapore

For the Government of the Commonwealth of Australia

S. T. STEWART

W. McMAHON

18

ANNEX A

SECOND PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE AND

THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND

THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AS AMENDED BY THE PROTOCOL OF 16 OCTOBER 1989

The Government of the Republic of Singapore and the Government of Australia

Desiring to amend the Agreement between the Government of the Republic of Singapore and the Government of the Commonwealth of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed at Canberra on 11 February 1969 as amended by the Protocol signed at Canberra on 16 October 1989 (hereinafter referred to as “the Agreement”)

Have agreed as follows:

ARTICLE I

Article 19 of the Agreement is omitted and the following Article is substituted: “ARTICLE 19

1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Articles 1A and 1.

2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.

3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation:

a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;

b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;

c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the

19

disclosure of which would be contrary to public policy (ordre public).

4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information.

5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.”

ARTCLE II

The Government of Australia and the Government of the Republic of Singapore shall notify each other through the diplomatic channel of the completion of their respective internal procedures required for the bringing into force of this Protocol which shall form an integral part of the Agreement. The Protocol shall enter into force on the thirtieth day after the date of the last notification, and thereupon the Protocol shall have effect.

ARTICLE III

This Protocol, which shall form an integral part of the Agreement, shall remain in force as long as the Agreement remains in force and shall apply as long as the Agreement itself is applicable. IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Protocol.

DONE in duplicate at Canberra, on this 8th day of September 2009, in the English language.

FOR THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE

FOR THE GOVERNMENT OF AUSTRALIA

MR ALBERT CHUA

HIGH COMMISSIONER OF THE REPUBLIC OF SINGAPORE TO THE

COMMONWEALTH OF AUSTRALIA

SENATOR THE HON NICHOLAS SHERRY ASSISTANT TREASURER

20

ANNEX B

ARTICLE 1

1(a) in Australia:

the Commonwealth income tax, including the additional tax upon the undistributed amount of the distributable income of the private company;

ARTICLE 2

4. Unless the context otherwise requires, any term of this Agreement not otherwise defined shall have, in a Contracting State, the meaning which it has under the laws in that Contracting State relating to the taxes to which this Agreement applies.

ARTICLE 4

1. For the purposes of this Agreement the term "permanent establishment" in relation to an enterprise means a fixed place of trade or business in which the trade or business of the enterprise is wholly or partly carried on.

2. The term "permanent establishment" includes -

(a) a management;

(b) a branch; (c) an office; (d) a factory;

(e) a workshop;

(f) a mine, quarry or other place of extraction of natural resources; (g) an agricultural, pastoral, forestry or plantation property;

(h) a building site or a construction, installation or assembly project which exists for more than six months.

3. The term "permanent establishment" shall not be deemed to include -

(a) the use of facilities solely for the purpose of storage, display or delivery of

goods or merchandise belonging to the enterprise;

(b) the maintenance of a stock of goods or merchandise belonging to the

enterprise solely for the purpose of storage, display or delivery;

21

(c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;

(d) the maintenance of a fixed place of trade or business solely for the purpose of

purchasing goods or merchandise, or for collecting information, for the enterprise; or

(e) the maintenance of a fixed place of trade or business solely for the purpose of

activities which have a preparatory or auxiliary character for the enterprise, such as advertising or scientific research.

4. An enterprise of one of the Contracting States shall be deemed to have a permanent establishment in the other Contracting State and to carry on trade or business through that permanent establishment if -

(a) it carries on supervisory activities in that other Contracting State for more than

six months in connection with a building site, or a construction, installation or assembly project which is being undertaken, in that other Contracting State; or

(b) substantial equipment is in that other Contracting State being used or

installed by, for or under contract with the enterprise.

5. A person acting in one of the Contracting States on behalf of an enterprise of the other Contracting State (other than an agent of independent status to whom paragraph 6 of this Article applies) shall be deemed to be a permanent establishment of that enterprise in the first-mentioned Contracting State -

(a) if he has, and habitually exercises in that first-mentioned Contracting State,

an authority to conclude contracts on behalf of the enterprise and his activities are not limited solely to the purchase of goods or merchandise for the enterprise;

(b) if there is maintained in that first-mentioned Contracting State a stock of

goods or merchandise belonging to the enterprise from which he habitually fills orders on behalf of the enterprise; or

(c) if in so acting he manufactures or processes in that first-mentioned

Contracting State any goods for the enterprise.

6. An enterprise of one of the Contracting States shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on trade or business in other Contracting State through a broker, a general commission agent or any other agent of independent status, where such a person is acting in the ordinary course of his business as a broker, a general commission agent or other agent of independent status.

7. The fact that a company which is a resident of one of the Contracting States controls or is controlled by a company which is a resident of the other Contracting State, or which carries on trade or business in that other Contracting State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.

8. Where an enterprise of one of the Contracting States sells goods manufactured, assembled, processed, packed or distributed in the other Contracting State by an industrial or commercial enterprise for, or at, or to the order of, that first-mentioned enterprise and -

22

(a) either enterprise participates directly or indirectly in the management, control or capital of the other enterprise; or

(b) the same persons participate directly or indirectly in the management, control

or capital of both enterprises,

then, for the purposes of this Agreement that first-mentioned enterprise shall be deemed to have a permanent establishment in the other Contracting State and to carry on trade or business in the other Contracting State through that permanent establishment.

ARTICLE 5

1. Profits of an Australian enterprise shall not be subject to Singapore tax unless the enterprise carries on trade or business in Singapore through a permanent establishment in Singapore. If it carries on trade or business as aforesaid, Singapore tax may be imposed on those profits but only on so much of them as is attributable to that permanent establishment.

2. Profits of a Singapore enterprise shall not be subject to Australian tax unless the enterprise carries on trade or business in Australia through a permanent establishment in Australia. If it carries on trade or business as aforesaid, Australian tax may be imposed on those profits but only on so much of them as is attributable to that permanent establishment.

3. Where an enterprise of one of the Contracting States carries on trade or business in the other Contracting State through a permanent establishment situated therein, there shall be attributed to that permanent establishment the profits which it might be expected to make in that other Contracting State if it were a distinct and separate enterprise engaged in the same or similar activities and dealing wholly independently with the enterprise of which it is a permanent establishment or with an independent enterprise; and the profits so attributed shall be deemed to be income derived from sources in that other Contracting State and shall be taxed accordingly.

4. In determining the profits attributable to a permanent establishment in one of the Contracting States, there shall be allowed as deductions all expenses of the enterprise, including executive and general administrative expenses, which would be deductible if the permanent establishment were an independent enterprise and which are reasonably allocable to the permanent establishment, whether incurred in the Contracting State in which the permanent establishment is situated or elsewhere, but where goods manufactured out of that Contracting State by the enterprise are imported into that Contracting State, and the goods are, either before or after importation, sold in that Contracting State by the enterprise, the profits of the enterprise taxable in that Contracting State may be determined by deducting from the sale price of the goods the amount for which, at the date the goods were shipped to that Contracting State, goods of the same nature and quality could be purchased by a wholesale buyer in the country of manufacture, and the expenses incurred in transporting them to and selling them in that Contracting State.

5. If the information available to the competent authority of the Contracting State concerned is inadequate to determine the profits to be attributed to the permanent establishment, nothing in this Article shall affect the application of any law of that Contracting State in relation to the liability of the enterprise to pay tax, in respect of the permanent establishment, on an amount determined by the exercise of a discretion or the making of an estimate by the competent authority of that Contracting State. Provided that the discretion shall be exercised or the estimate shall be made, so far as the information available to the competent authority permits, in accordance with the principles stated in this Article.

23

6. Profits shall not be attributed to a permanent establishment by reason of the mere purchase or mere purchase and transportation by that permanent establishment of goods or merchandise for the enterprise.

7. Nothing in this Article shall apply to either Contracting State to prevent the operation in the Contracting State of any provisions of its law relating specifically to the taxation of any person who carries on a business of any form of insurance or to the taxation of a non- resident who derives income under any contract or agreement with any person in relation to the carrying on in the Contracting State by that person of any form of film business controlled abroad. Provided that if the law in force in either Contracting State at the date of signature of this Agreement relating to the taxation of such persons is varied (otherwise than in minor respects so as not to affect its general character), the Contracting Governments shall consult with each other with a view to agreeing to such amendment of this paragraph as may be necessary.

ARTICLE 6

1. Where -

(a) an enterprise of one of the Contracting States participates directly or indirectly

in the management, control or capital of an enterprise of the other Contracting State; or

(b) the same persons participate directly or indirectly in the management, control

or capital of an enterprise of one of the Contracting States and an enterprise of the other Contracting State,

and, in either case, conditions are operative between the two enterprises in their commercial or financial relations which differ from those which might be expected to operate between distinct and separate enterprises dealing wholly independently with one another, then, if by reason of those circumstances profits which might be expected to accrue to one of the enterprises do not accrue to that enterprise, there may be included in the profits of that enterprise the profits which might have been expected so to accrue to it if it were a distinct and separate enterprise engaged in the same or similar activities and its dealings with the other enterprise were dealings wholly independently with that enterprise or an independent enterprise.

2. Profits included in the profits of an enterprise of one of the Contracting States under paragraph 1 of this Article shall be deemed to be income of that enterprise derived from sources in that Contracting State and shall be taxed accordingly.

3. If the information available to the competent authority of a Contracting State is inadequate to determine, for the purposes of paragraph 1 of this Article, the profits which might have been expected to accrue to an enterprise, nothing in this Article shall affect the application of any law of that Contracting State in relation to the liability of that enterprise to pay tax on an amount determined by the exercise of a discretion or the making of an estimate by the competent authority of that Contracting State. Provided that the discretion shall be exercised or the estimate shall be made, so far as the information available to the competent authority permits, in accordance with the principles stated in this Article.

24

ARTICLE 7

1. The tax payable in a Contracting State by a resident of the other Contracting State in respect of profits from the operation of ships, other than profits from voyages or operations of ships confined solely to places in the first-mentioned Contracting State, shall not exceed half the amount which would be payable in respect of those profits but for this paragraph.

2. A resident of one of the Contracting States shall be exempt from tax in the other Contracting State on profits from the operation of aircraft, other than profits from flights of aircraft confined solely to places in the other Contracting State.

3. The relief provided in paragraphs 1 and 2 of this Article shall apply in relation to the share of the profits from the operation of ships or aircraft derived by a resident of one of the Contracting States through participation in a pool service, in a joint transport operating organisation or in an international operating agency but only to the extent to which the share of the profits is not attributable to profits from voyages, flights or operations confined solely to places in the other Contracting State.

4. For the purpose of this Article profits derived from the carriage of passengers, livestock, mails or goods shipped in one of the Contracting States for discharge at another place in that Contracting State or, in the case of Australia, at a place in the Territory of Papua or the Trust Territory of New Guinea are profits from a voyage or flight of a ship or aircraft confined solely to places in that Contracting State.

ARTICLE 8

5. Paragraphs 1, 2 and 4 of this Article shall not apply if the resident of one of the Contracting States who is beneficially entitled to the dividends has in the other Contracting State a permanent establishment and the holding giving rise to the dividends is effectively connected with a trade or business carried on through that permanent establishment.

ARTICLE 9

3. Paragraphs 1 and 2 of this Article shall not apply if the resident of one of the Contracting States who is beneficially entitled to the interest has in the other Contracting State a permanent establishment and the indebtedness giving rise to the interest is effectively connected with a trade or business carried on through that permanent establishment.

5. In this Article the term "interest" means interest, and amounts in the nature of interest, on bonds, securities, and debentures or on any other form of indebtedness.

ARTICLE 10

3. In this Article "royalties" means payments of any kind to the extent to which they are received as consideration for -

(a) the use of, or the right to use, any -

25

(i) copyright (other than a literary, dramatic, musical or artistic copyright), patent, design or model, plan, secret formula or process, trademark, or other like property or right; or

(ii) industrial, commercial or scientific equipment; or

(b) the supply of information concerning industrial, commercial or scientific experience,

but does not include royalties or other payments in respect of the operation of mines or quarries or of the exploitation of natural resources or payments to the extent to which they are received as consideration for the use of, or the right to use, motion picture films, tapes for use in connection with radio broadcasting or films or video tapes for use in connection with television.

4. Paragraphs 1 and 2 of this Article shall not apply if the resident of one of the Contracting States who is beneficially entitled to the royalties has in the other Contracting State a permanent establishment and the information, right or property giving rise to the royalties is effectively connected with a trade or business carried on through that permanent establishment.

ARTICLE 17

1. For the purposes of this Agreement -

(a) (i) dividends paid by a company which is a resident of Australia shall be

treated in Singapore as income from sources in Australia.

(ii) dividends paid by a company which is resident in Singapore shall be

treated in Australia as income from sources in Singapore;

26

(b) dividends paid by a Malaysian company out of profits derived from sources in Singapore shall be treated in Australia as income from sources in Singapore;

(c) profits derived by a resident of one of the Contracting States from the carriage

by ships or aircraft of passengers, livestock, mails or goods shipped in the other Contracting State, or from the operations of ships or aircraft in that other Contracting State, shall be treated as having a source in that other Contracting State;

(d) an amount which is included, for the purposes of tax in one of the Contracting

States, in the taxable or chargeable income of a person who is a resident of the other Contracting State, and which is so included under any provision of the law of the first-mentioned Contracting State for the time being in force regarding taxation of income of a business of any form of insurance or of income derived under a contract or agreement with a person who carries on in the first-mentioned Contracting State any form of film business controlled abroad shall be treated as having a source in that first-mentioned Contracting State;

(e) pensions paid by the Government of the Commonwealth or of any State of

the Commonwealth, or the Government of Singapore, in respect of services rendered in the discharge of governmental functions shall be treated as having a source in Australia or Singapore respectively.

2. Interest (as defined in Article 9) derived by a resident of one of the Contracting States shall be treated as having a source in the other Contracting State where the amount -

(i) is paid by a Government of the other Contracting State or by a resident of the

other Contracting State and is not incurred by the payer in carrying on a trade or business through a permanent establishment of the payer in a country outside the other Contracting State; or

(ii) is paid by a person who is not a resident of the other Contracting State and is

incurred by the payer in carrying on trade or business through a permanent establishment of the payer in the other Contracting State.

3. For the purposes of paragraph 2 of this Article "a Government of the other Contracting State" means, in relation to Singapore, the Government of Singapore or an authority of Singapore and, in relation to Australia, means the Government of the Commonwealth or of a State of the Commonwealth or an authority of the Commonwealth or of such a State.

4. Royalties (as defined in Article 10) and payments referred to in subparagraph (k)(v) and subparagraph (k)(vi) of paragraph 1 of Article 2 shall be treated as derived from sources within the Contracting State in which the knowledge, assistance, information, right or property giving rise to the royalties or payments is used.

5. Royalties in respect of the operation of mines, quarries or other places of extraction of natural resources shall be treated as derived from sources within the Contracting State in which such mines, quarries or other places of natural resources are situated.

27

ARTICLE 18

1. Subject to any provisions of the law of the Commonwealth which may from time to time be in force and which relate to the allowance of a credit against Australian tax of tax paid in country outside Australia (which shall not affect the general principle hereof), Singapore tax paid, whether directly or by deduction, in respect of income derived by a resident of Australia from sources within Singapore (excluding in the case of a dividend, tax paid in respect of the profits out of which the dividend is paid) shall be allowed as a credit against Australian tax payable in respect of that income.

2. A company that is a resident of Australia and which beneficially owns at least 10 per centum of the paid-up share capital in a company that is resident in Singapore shall, in accordance with those provisions in the taxation law of the Commonwealth in existence at the date of signature of this Agreement, be entitled to a rebate in its assessment at the average rate of tax payable by the company in respect of dividends paid by the second- mentioned company that are included in its taxable income.

3. For the purposes of paragraph 1 of this Article and of the income tax law of the Commonwealth -

(a) a resident of Australia deriving income from sources in Singapore consisting

of interest or royalties to which Article 9 or Article 10 applies, being income in respect of which an exemption from or reduction of tax has been granted under Parts V and VI of the Economic Expansion Incentives (Relief from Income Tax) Act, 1967, of Singapore or any other provisions which may subsequently be enacted granting an exemption from or reduction of tax which are agreed by the Contracting Governments in Notes exchanged for

these purposes to be of a substantially similar character, shall be deemed to have paid Singapore tax in an amount, or the Singapore tax paid shall be deemed to have been increased by an amount, equal to the amount by which the Singapore tax that otherwise would have been payable is reduced by the exemption or reduction granted; and

(b) the amount of the said interest or royalties shall be deemed to be the amount

that would have been the amount of the interest or royalties if no Singapore tax had been paid, increased by the amount by which the tax that otherwise would have been payable is reduced by the said exemption or reduction.

4. Paragraph 3 of this Article shall not apply in relation to income derived in any year of income after the year of income that ends on 30th June, 1974 or on any later date that may be agreed by the Contracting Governments in Notes exchanged for this purpose.

5. Subject to the provisions of the laws of Singapore regarding the allowance as a credit against Singapore tax of tax payable in any country other than Singapore, Australian tax payable, whether directly or by deduction, in respect of income from sources within Australia shall be allowed as a credit against Singapore tax payable in respect of that income. Where such income is a dividend paid by a company which is an Australian resident to a company which is a Singapore resident and which owns directly or indirectly not less than 10 per centum of the paid-up share capital in the first-mentioned company the credit shall take into account (in addition to any Australian tax on dividends) the Australian tax paid by the first- mentioned company in respect of its profits.

6. Where profits, on which an enterprise of one of the Contracting States has been

28

charged to tax in that Contracting State, are also included, by virtue of this Agreement, in the profits of an enterprise of the other Contracting State as being profits which, because of the circumstances existing between the two enterprises, might have been expected to accrue to the enterprise of the other Contracting State, the profits so included shall be treated for the purposes of this Article as profits of the enterprise of the first-mentioned Contracting State from a source in the other Contracting State and relief shall be given in accordance with this Article in respect of the extra tax chargeable in the other Contracting State as a result of the inclusion of such profits.

ARTICLE 20

2. The competent authority in a Contracting State may communicate directly with the competent authority in the other Contracting State for the purpose of giving effect to the provisions of this Agreement and in an endeavour to assure its consistent interpretation and application. In particular, the competent authorities may consult together to endeavour to resolve disputes arising out of the application of paragraph 3 of Article 5 or Article 6.